Clerks to pay postage in a certain case, and take credit for the same. Case of the Marshall and Clerk of Assize provided for. VII. And be it enacted, That the Deputy Clerks of the Crown shall pay the postage on the transmission of Indictments and other Proceedings in criminal cases, and take credit for such postages in accounting for the fees received under this Act, or fees in any other manner received by them, in case the fees under this Act shall not be sufficient for that purpose. VIII. And whereas William Alexander Campbell has, for twenty-six years now for the County of York last past, held the office of Marshal and Clerk of Assize for the County of York: Be it enacted, That from and after the passing of this Act the said William Alexander Campbell shall continue to be the Marshal and Clerk of Assize for the County of York, and shall hold office during good behaviour, and be removeable by the Judges of the Superior Courts of Common Law, or a majority of them, and shall act as Marshal and Clerk of Assize at the Courts of Assize and Nisi Prius, and Oyer and Terminer and General Gaol Delivery for the said County of York, and shall receive as such Marshal and Clerk of Assize, the salary of Three Hundred Pounds per annum, which shall be charged upon the fund in this Act mentioned, and as Marshal and Clerk of Assize for the said County of York, shall be subject to all the provisions relating to Records, Exhibits and other Documents in this Act mentioned, and in the event of the death or removal from his said office of the said William Alexander Campbell, the Clerk of the Crown and Pleas for the time being, or his Deputy, in the said County of York, shall act as such Marshal and Clerk of Assize for the said County of York, and have all the powers and exercise all the functions that are had and exercised by the Clerks of Assize by law and under this Act. As to his fees. IX. And be it enacted, That the Marshal and Clerk of Assize of the County of York shall take and receive the same fees only as are taken by the other Marshals and Clerks of Assize under this Act, and such fees shall be accounted for, paid over and applied in the same manner as the other fees taken under the authority of this Act. X. And be it enacted, That the several Clerks of Assize appointed under this Act issued by Clerks apt, shall issue the Precepts to the several Sheriffs of Counties in the same manner and with the same effect as such Precepts are now issued by law, by any Marshal or Clerk of Assize. As to Precepts to be When this Act shall come into force. Preamble XI. And be it enacted, That this Act shall not come into force until the first day of January next. CAP. CXIX. An Act to establish an Uniform Rate of Fees to be received by Justices of the Peace in Upper Canada, and to repeal the Act of Upper Canada, passed in the fourth year of the reign of King William the Fourth, chapter seventeen. [ 30th August, 1851. ] HEREAS it is expedient to establish a Uniform Rate of Fees to be received by Justices of the Peace in Upper Canada, for the duties therein mentioned, and to repeal the Act of Upper Canada, passed in the fourth year of the reign of His late Majesty King William the Fourth, chapter seventeen, intituled, An Act to declare what Fees shall be received by Justices of the Peace for the duties therein mentioned; and whereas, since the passing of the said Act, increased duties have been imposed upon Justices of the Peace in Upper Canada, for which no Fees have been established by law; and whereas, under the said recited Act doubts have arisen as to the meaning and application of some of its provisions; therefore, to remove such doubts and establish a Uniform Rate of Fees to be received by the Justices aforesaid for the services hereinafter mentioned-Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the said Act, intituled, An Act to declare what Fees shall be received by Justices of the Peace for the duties therein mentioned, be, and the same is hereby repealed. II. And be it enacted, That from and after the passing of this Act, the following For information and Warrant for apprehension, or for an information and Summons For every Recognizance, One Shilling and Three Pence,- only one to be charged For every Certificate of Recognizance under the Act of Upper Canada, Seventh For information and Warrant for surety of the peace or good behaviour, to be paid by complainant, Two Shillings and Six Pence; For Warrant of Commitment for default of surety to keep peace or good behaviour, to be paid by complainant, Two Shillings and Six Pence; What Fees only shall be received by in U. C. Justices of the Peace III. And be it enacted, That the costs to be charged in all cases of convictions, Costs on conviction. where the Fees are not expressly prescribed by any Statute, other than the Statute hereinbefore repealed, shall be as follows, that is to say: For information and Warrant for apprehension, or for information and Summons for service, Two Shillings and Six Pence; For every Copy of Summons to be served upon Defendant or Defendants, Six Pence; For every Subpana to a Witness, (as provided in the second section of this Act,) Six Pence; For Hearing and Determining the case, Two Shillings and Six Pence; For Warrant to levy Penalty, One Shilling and Three Pence; For making up every Record of Conviction when the same is ordered to be returned to the Sessions, or on Certiorari, Five Shillings. Provided always, That in all such cases as admit of a summary proceeding before Proviso: as to suma single Justice of the Peace, and wherein no higher penalty than Five Pounds can mary proceedings. be imposed, the sum of Two Shillings and Six Pence only shall be charged for the Conviction, and One Shilling and Three Pence for the Warrant to levy the Penalty; and that in all cases where persons are subpoenaed to give evidence before Justices of the Peace in case of assault, trespass or misdemeanor, such Witness shall be entitled, in the discretion of the Magistrate, to receive at the rate of Two Shillings and Six Pence for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and Three Pence for each mile above ten. Every Bill of Costs, when demanded to be made out in detail, when demanded, Six Copy of any other paper connected with any trial, and the Minutes of the same if IV. And be it enacted, That in all cases of a summary conviction before any one or two Justices of the Peace, under the provisions of the several Acts passed in the Session held in the fourth and fifth years of Her Majesty's reign, chapters twenty-five, twenty-six and twenty-seven, and intituled respectively, An Act for consolidating and amending the laws of this Province relative to larceny and other offences connected therewith, -An Act for consolidating and amending the laws in this Province relative to malicious injuries to property, -and An Act for consolidating and amending the 257 Statutes In cases of summary conviction under 1 & 5 Vict. caps. 25, 26, 27, warrant of disdecretion of the Justice or Justices. may in Statutes in this Province relative to offences against the person, it shall and may be lawful for such Justice or Justices, in his or their discretion, to issue his or their Warrant to levy, by distress and sale of the offender's goods and chattels, the amount of fine and costs imposed, and in default of the same being levied or made, the offender or offenders may be committed to the Common Gaol or House of Correction for the period and in the manner prescribed by the above mentioned Statutes, or to proceed, as heretofore, by committal for default of payment, instead of issuing such Distress Warrant. V. And be it enacted, That in all cases where costs are payable by parties who may have failed in prosecuting with effect, it shall and may be lawful for the Justice or Justices before whom complaint may have been made, in his or their discretion, to issue his or their Warrant to levy, by distress and sale of the goods and chattels of such person so failing to prosecute, such costs as shall be determined by the Justice or Justices to be payable by him or them. VI. And be it enacted, That this Act shall not be construed to authorize any claim being made by the Justices aforesaid, for Fees of any description connected with cases above the degree of misdemeanor; nor shall Witnesses in such cases be allowed anything for their attendance or travel, except under the Order of the Court before which the trial of the case shall be had; anything in this Act to the contrary thereof in any wise notwithstanding. VII. And be it enacted, That this Act shall come into operation on, and take effect from the first day of November next. An Act to explain and amend the Act of the last Session, intituled, An Act to amend the WH [ 30th August, 1851. ] HEREAS doubts have arisen as to the true intent and meaning of the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to amend the Laws relative to Tavern Licenses in Upper Canada, which doubts it is expedient to remove: Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it was and is the intention of the Act first above cited, that the seventh and eighth sections of the Act of the Parliament of Upper Canada, passed in the sixth year of the Reign of His late Majesty King William the Fourth, chaptered four, and intituled, An Act to repeal and amend certain parts of an Act passed in the thirty-sixth year of the Reign of King George the Third, intituled, An Act to amend an Act for regulating the manner of Licensing Public Houses, and for the more easy conviction of persons selling spirituous Liquors without a License,' and for other purposes therein mentioned, should be and they are and have been by the Act first above cited, continued in force in Upper Canada, to all intents and purposes whatsoever. II. And be it declared and enacted, That it was and is the intention of the Act first above cited, that the Municipality of each Township or Incorporated Village, the Town Council of each Incorporated Town, and the Common Council of each City in Upper Canada, should have, and that they have and have had respectively, from the time of the passing of the said Act, power and authority to make By-laws for preventing the selling of wines or spirituous liquors, or the keeping of Inns, Taverns or Houses of Public Entertainment by persons not thereunto duly licensed, and to impose for any contravention contravention of such By-laws any penalty or punishment which they may lawfully Case wherein a party any place out of his house, or of removing therefrom. impose for any contravention of other By-laws, and that all penalties incurred under or Penalties may be reby virtue of the Act first above cited, or of any By-law made under the authority covered; thereof, shall and may be prosecuted and recovered under the provisions of the said seventh section of the Act of the Parliament of Upper Canada hereinbefore cited, and And to whom to be all such penalties shall belong one half to the Municipality in which the offence shall long. have been committed, and the other half to the prosecutor, unless he be examined as a witness to prove the offence, in which case the whole shall belong to the said Municipality: Provided always, that nothing herein contained shall apply to any case Proviso, in which any final Judgment or Order shall have been made or conviction had by or before any competent Tribunal, but with regard to such case, the Provincial Acts hereinbefore cited shall be construed and have effect as if this Act had not been passed. III. And be it enacted, That whenever any party to whom a license to keep a House of Public Entertainment shall have been granted, shall desire to furnish such is desirous of furnishrefreshments as by law he is permitted to do in the house for which he has obtained a ing Refreshments at license, at any place out of his said house, but within the limits to which such license extends, or to remove from the house for which the same shall have been granted, into another house in the same Township, Incorporated Village, or Town, or City, and to keep a House of Public Entertainment therein, it shall be lawful for the Inspectors to endorse Inspectors of Houses of Public Entertainment for such Township, Incorporated Village, permission on License. or Town, or City, or a majority of such Inspectors, in their discretion (but subject Subject to regulations. always to any By-law which may have been made in that behalf by the Municipal Authority of the locality) to endorse on such license a permission to the party to whom it was granted to furnish such refreshments as aforesaid, or to keep a House of Public Entertainment in the house to which he shall so wish to remove, and such permission Right conferred thereshall give such right, and the license shall thereafter apply to the House described in such by, &c. endorsement, and shall authorize the party to whom such license was granted, to furnish such refreshments or to keep a House of Public Entertainment in the House mentioned in such endorsement during the unexpired portion of the term for which such license was granted, and upon the same terms and conditions; and any Bond or Security which such party may have given for the due observance of the Laws and By-laws concerning Houses of Public Entertainment, and the Keepers thereof, or for to apply. any purpose relative to such license, shall apply as fully to the house to which he shall be so authorized to remove, and to his conduct and doings therein, as without such endorsement it would have applied to the house for which the license was originally granted, and to his conduct or doings therein. CAP. CXXI. An Act to repeal so much of the Act thirteenth and fourteenth Victoria, Chapter [ 30th August, 1851. ] Upon what conditions. Bond or Security how HEREAS it is expedient to repeal so much of the Act hereinafter mentioned Preamble. Reign, and intituled, An Act to authorize the formation of Joint Stock Companies for 12 Vict, c. 84. 257* the Proviso. Proviso. Preamble, 12 Vict. c. 84: Sect. 7 & 16 repealed. Case of any Company wishing to extend their works provided for. Borrowing money. New stock. Registry of new subscribers. Rights and liabilities of new subscribers. the provisions of an Act passed in the twelfth year of Her Majesty's Reign, intituled, 'An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other works in Upper Canada,' as extends the provisions of the Act cited in the Preamble to this Act to Rail-roads or Tram Roads, shall be and is hereby repealed: Provided always, that nothing herein contained shall in any manner interfere or be construed to interfere with the rights that the Brantford and Buffalo Joint Stock Rail-road Corporation, or any person or persons or body corporate may have in any manner legally acquired, under the provisions of the said recited Act, repealed by this Act: Provided also, that nothing contained in this Act, or in any Acts passed during the present session, shall be construed to prevent the said Brantford and Buffalo Joint Stock Rail-way Company, or any other Company organized under the provisions of the Act hereby repealed, from proceeding to carry on its operations or from exercising or enjoying or continuing to exercise or enjoy all or any of the rights, powers and privileges which such Company or Companies might have exercised or enjoyed if the said Act had not been repealed. CAP. CXXII. An Act to amend the Act, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and to extend the provisions thereof. [30th August, 1851.] WHEREAS it is expedient to amend the Act passed in the second Session of the third Parliament of this Province, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other works in Upper Canada, and to extend the provisions thereof to other objects: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Seventh and Sixteenth Sections of the said Act be repealed. II. And be it enacted, That if at any time after the formation of any such Joint Stock Company, the Directors shall be of opinion that it would be desirable to extend or alter the projected line of road,-to construct any side roads to intersect the original main roads, or that the original capital subscribed will not be sufficient to complete the work contemplated by such Company to be executed or to be extended or altered, it shall and may be lawful for the said Directors, under a Resolution to be passed by them for that purpose, either to borrow upon the security of the said Company by Bond, or Mortgage of the Road and Tolls to be collected thereon, a sufficient sum of money to complete the same, or to authorize the subscription of such number of additional shares as shall be named in their Resolution, a copy whereof, under the Hand of the President and Seal of the Company, shall be engrossed at the head of the subscription list to be opened for subscribers to the additional number of shares thereby authorized to be subscribed; and that when such a number of new shares shall have been subscribed as the Directors shall deem it desirable to have registered, the President shall deliver such new list of subscribers to the Register having the custody of the original Instrument, who shall attach such new list of subscribers thereto, which shall thenceforth be held and taken to be part and parcel of the said Instrument; and all the subscribers thereto, and those who may thereafter enter their names as subscribers thereon, with the consent of such Directors, to be signified by producing a receipt from the Treasurer of such Company, that the person desiring to subscribe to the said new stock list has paid an instalment of six per cent. on his shares, shall be subject to all the liabilities, and entitled to all the rights, benefits, privileges and advantages to which the original subscribers |